Goodale v. Coffee
Oregon Supreme Court
Marion County: Reuben P. Boise, Judge. This is a suit by Goodale & Wheeler against Coffee, Cragin & Stubbings, who are claimed to be partners, to forclose a lien for material furnished and used in the construction of a dwelling-house situate upon lot ten of block twenty-six in Highland Addition to the City of Salem, Marion County, Oregon.
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Marion County: Reuben P. Boise, Judge. This is a suit by Goodale & Wheeler against Coffee, Cragin & Stubbings, who are claimed to be partners, to forclose a lien for material furnished and used in the construction of a dwelling-house situate upon lot ten of block twenty-six in Highland Addition to the City of Salem, Marion County, Oregon. The facts show that plaintiffs furnished material of the value of one hundred and eleven dollars to the defendants Coffee, Cragin & Stubbings, which was used in the construction of said building, and to secure the payment of said sum the plaintiffs, on…
1Opinion of the CourtJustice Moore
The appellants contend: — First, that the order for the publication of the summons is insufficient, and, second, the summons did not contain the names of the parties to the suit.
The theory once prevailed that judgments in personam against a non-resident, based upon constructive service of process upon him, and without his appearance, would support a sale of the debtor’s property situate in the state where rendered, but m Pennoyer v. Neff, 95 U. S. 727, it was held that when the suit is merely in personam, constructive service by the publication of a summons upon a non-resident is ineffectual…
2Cases cited3 opinions
- Odell v. CampbellOregon Supreme Court · 1881
- Braly v. SeamanCalifornia Supreme Court · 1866
- McMillan v. ReynoldsCalifornia Supreme Court · 1858
3Cited by12 opinions
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Willamette Real Estate Co. v. HendrixOregon Supreme Court · 1895
- Felts v. BoyerOregon Supreme Court · 1914
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
- Ben Kress Nursery Co. v. Oregon Nursery Co.Montana Supreme Court · 1912
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